Topic: Motor vehicle negligence - Auto/motorcycle collision - Negligent left turn - Compound hand fracture - Ligament damage - Diminished earning capacity as carpenter claimed - Ownership of vehicle questioned
Result: $ 71,772 Verdict
Facts: The plaintiff was riding a motorcycle in 2007 when he claimed that a vehicle, driven by the defendant, Kelly, made a negligent left turn in front of him from the opposite direction.
The plaintiff's motorcycle struck the right rear door of the vehicle. The plaintiff claimed that the vehicle was owned by the defendant, Repossessions Inc., which was vicariously liable for Kelly's negligence under Florida's Dangerous Instrumentality Doctrine. The defendant, Kelly, contended that the plaintiff was speeding and was comparatively negligent. The co-defendant, Repossessions, Inc., maintained that it had no ownership interest in the vehicle at the time in question and was not responsible for any negligence on the part of Kelly.
The plaintiff, 33 at the time, was diagnosed with a compound fracture of his non-dominant left hand and tendon damage to the finger as a result of the accident. He underwent surgery and claimed that a loss of strength and function in his left hand precluded him from returning to his prior employment as a carpenter. The plaintiff worked as a computer programmer at the time of trial and claimed a diminished future earning capacity as a result of his hand injury. The plaintiff also claimed approximately $ 8,000 in past loss of wages and $ 8,000 in past medical expenses.
The car driven by the defendant, Kelly, was never registered in the State of Florida. Kelly (who had suffered a brain injury in a prior equestrian accident) testified pro se that she had purchased the car on the day of the accident, but could not remember from whom she had purchased it. An individual named by Kelly during her deposition testimony as the seller of the vehicle (Hissom) was also a defendant in the case. Hissom represented himself pro se and denied ever owing the vehicle.
The defendant, Kelly, was the daughter of the owner of the defendant, Repossessions, Inc., and had once worked for that company. Kelly was using a transporter tag on the back of the vehicle at the time of the accident and the tag was registered to the defendant, Repossessions, Inc.
The jury (which included a motorcycle owner) found that the defendant, Kelly, was 100% negligent and that the co-defendant, Repossessions, Inc., was the owner of the vehicle (making it vicariously liable). The plaintiff was awarded $ 71,772 in damages. The award did not include future medical expenses or future loss of wages. A collateral source off-set of $ 20,000 applied. The case settled while the defendant's appeal was pending.
TOPIC: Million Dollar Verdicts & Settlements - Motor Vehicles - Pedestrian - Motorcycle Accident
RESULT: $ 1,600,000 for Plaintiff. (settlement)
Cause Of Injury: Plaintiff alleged that on April 7, 2007, at approximately 8:15 p.m. on CR 419 in Seminole County, he was lawfully operating a motorcycle when decedent Segunda Sarabasa, who was walking along the side of the road, suddenly left the side of the road and walked directly into Plaintiff's path in such a manner that avoiding impact was impossible. Decedent was an eighty-year-old woman walking alone at night along a busy highway far from home. Plaintiff alleged that decedent was required to use care and exercise safe means when attempting to cross the road and that on the day of the accident, decedent had walked nearly four miles from home before stepping into the path of Plaintiff's motorcycle.
Nature Of Injury: Subdural hematoma; separated AC joint of left shoulder requiring fixation; lacerated spleen requiring splenectomy; sternal fracture; collapsed left lung; re-exploration surgery of abdomen was required.
TOPIC: Motor Vehicles - Motor Vehicle Accident - Motorcycle Collision
RESULT: $ 902,000 for Plaintiffs. (verdict)
($ 884,500 for Amodeus Checchio: $ 123,000 -- past medical expenses; $ 300,000 -- present value of future medical expenses; $ 3,500 -- past lost earnings; $ 73,000 -- present money value of damages for lost earning ability in the future; $ 175,000 -- past pain and suffering; $ 210,000 -- future pain and suffering; $ 17,500 for Casey Checchio: $ 6,500 -- past loss of consortium; $ 4,500 -- future loss of consortium; $ 6,500 -- past loss of services).
JUDGMENT: $ 792,000 for Plaintiffs on September 14, 2009 (after $ 110,000 compensatory damage set-off).
Cause Of Injury: Plaintiffs alleged that on November 26, 2007, at 4:00 p.m., Defendant Harrison Phillips was traveling southbound on San Jose in Jacksonville. Plaintiff Amodeus Checchio was an operator of a motorcycle and was stopped in a line of vehicles on San Jose near Smullian Trail. Plaintiffs alleged that Defendant Harrison Phillips rear-ended a stopped minivan, which caused the minivan to rear-end Plaintiff Amodeus Checchio's stopped motorcycle, causing Plaintiff Amodeus Checchio's motorcycle to rear-end a stopped pickup truck, which caused the pickup truck to rear-end a stopped minivan. Plaintiff Amodeus Checchio was thrown from motorcycle. Plaintiffs alleged that Defendant operated his vehicle in a negligent manner and caused the multiple collisions.
Nature Of Injury: Amodeus Checchio: Central cord syndrome requiring surgery. Dr. Darlene Lobel, Dr. Philip Hardy, and Dr. Michael Scharf were among Plaintiff Amodeus Checchio's treating physicians.
TOPIC: Insurance - Motor Vehicles - Motor Vehicle Accident - Motorcycle Collision
RESULT: $ 360,000 for Plaintiff. (settlement)
(policy limits, which consist of $ 350,000 from Bethunes and $ 10,000 uninsured motorist policy limits from GEICO).
Cause Of Injury: Plaintiff alleged that on December 1, 2007, he was driving his motorcycle westbound on Radio Road in Naples, when Defendant Alex Bethune, driving a vehicle owned by Defendant Shirley Bethune, turned in front of the motorcycle, causing a collision. Plaintiff was insured by GEICO.
Nature Of Injury: Right ankle fracture requiring surgery; torn meniscus of right knee requiring arthroscopic surgery.
TOPIC: Motor Vehicles - Motor Vehicle Accident - Accident - Collision - Injury
RESULT: $ 54,744.58 for the Plaintiff. (verdict)
Plaintiff's Negligence: 68%; Defendant's Negligence: 32%
Cause Of Injury: On December 3, 2007, Defendant Chloe Brabb, a minor, operated a vehicle which was owned by her parents, Defendants Robert Brabb and Heidi Brabb. Plaintiff Deepal Moonesinghe was the operator of a motorcycle traveling south on Forest Hill Boulevard when Defendant Chloe Brabb, who was traveling north on Forest Hill Boulevard in the City of Wellington, Palm Beach County, allegedly made a U-turn in front of Plaintiff at the intersection with Country Club Drive.
After striking the right passenger side of Defendant's vehicle, Plaintiff's vehicle came to rest on the grassy shoulder. According to the police report, Defendant Chloe was cited at the scene of the accident for failure to yield right of way. Plaintiff alleged Defendant's negligence caused him permanent injuries. Defendants alleged contributory negligence or fault of Plaintiff and disputed Plaintiff's claim that he sustained a permanent injury. Defendants served notice of a proposal for settlement on July 2, 2008.
Nature Of Injury: Broken collar bone, four fractured ribs and a fracture/dislocation of the left wrist which required open reduction fixation. Plaintiff was treated for his injuries by Dr. Robert Lins whose diagnostic impression was, left status post open reduction internal fixation, left distal radial styloid fracture, left midshaft comminuted displaced clavicle fracture and lumbar myofacial pain. Dr. Lins performed open reduction internal fixation of the left distal radius fracture on January 2, 2008, and applied a left thumb spica splint. On February 15, 2008, Dr. Lins removed Plaintiff's sutures. On February 25 Plaintiff returned to Dr. Lins with complaints of pain in his wrist, stiffness and limited range of motion in the fingers and wrist. Dr. Lins prescribed physical therapy. Plaintiff contended he lost several contracts and customers as a result of his injuries and his motorcycle was completely destroyed.
TOPIC: Motor Vehicles - Motor Vehicle Accident - Motorcycle Collision
RESULT: $ 12,000 for Plaintiffs. (settlement)
Cause Of Injury: Plaintiffs alleged that on September 20, 2008, on C.R. 141, at the intersection of C.R. 152 and C.R. 1191 in Cullman, Defendant negligently allowed her vehicle to collide with a motorcycle in which minor Plaintiff K.C. Swain was a passenger.
Nature Of Injury: K.C. Swain: Soft tissue injuries; mental anguish; medical expenses.
TOPIC: Million Dollar Verdicts & Settlements - Motor Vehicles - Motor Vehicle Accident - Motorcycle Collision
RESULT: $ 3,940,938.93 for Plaintiff. (verdict)
($ 60,938.93 -- past medical expenses; $ 380,000 -- present value for future medical expenses; $ 1,500,000 -- past pain and suffering; $ 2,000,000 -- future pain and suffering).
Plaintiff's Negligence: 30%; Defendant Samuel Hanson's Negligence: 70%
JUDGMENT: $ 2,758,657.25 for Plaintiff on June 2, 2009.
Cause Of Injury: Plaintiff was the operator of a motorcycle traveling south on State Road 21 on June 12, 2004. At the same time, Defendant Samuel Hanson was the operator of a vehicle owned by Defendants Cecil and Rebecca Hanson and was traveling north on State Road 21. Defendant Samuel Hanson was working for Betty's Pizza and was delivering pizza when Plaintiff alleged that Defendant Samuel Hanson made a left turn into a driveway in front of Plaintiff's oncoming motorcycle, causing the motorcycle to collide with Defendant's vehicle. Defendants claimed that Plaintiff improperly operated his motorcycle at the time of the accident and that his conduct constituted comparative negligence.
Nature Of Injury: Traumatic amputation of Plaintiff's right leg, above-the-knee.
Topic: Motor vehicle negligence -Motorcycle/auto collision -- Negligent lane change -- Motorcycle strikes rear of automobile -- Cervical and lumbar sprain and strain -- TMJ -- 90% comparative negligence found
Result: $ 60,500 Gross Verdict
Facts: The plaintiff was operating a motorcycle when he claimed that the defendant negligently changed lanes in front of him, causing the motorcycle to strike the back of the defendant's vehicle. The defendant denied changing lanes and claimed that the plaintiff struck the back of his vehicle when he stopped for traffic.
The plaintiff was a man in his early 50s at the time of the accident. He testified that the defendant made a sudden lane change in front of his motorcycle and then stopped. The plaintiff contended that he could not avoid crashing into the back of the defendant's vehicle. The plaintiff, who was wearing a helmet, testified that his head struck the handlebars of his motorcycle during the accident. The plaintiff's medical experts testified that the plaintiff sustained unresolved cervical and lumbar sprain and strain and TMJ as a result of the collision.
The defendant testified that he was maintaining his lane with the plaintiff behind him. The defendant contended that the defendant's motorcycle struck his vehicle from behind when he stopped for traffic. The defendant's orthopedic surgeon opined that any soft tissue neck and back injuries sustained by the plaintiff as a result of the accident had resolved and were not permanent.
The jury found the defendant 10% negligent and the plaintiff 90% comparatively negligent. The plaintiff was awarded $ 60,500 in damages, which was reduced accordingly. The award included $ 23,000 in past medical expenses, $ 16,000 in future medical expenses, $ 15,000 in past pain and suffering, $ 0 in future pain and suffering, $ 2,000 in past loss of earnings and $ 4,500 in property damage. The plaintiff's post-trial motion for costs is pending.
TOPIC: Motor Vehicles - Accident - Motorcycle Collision
RESULT: $ 60,500 for Plaintiff. (verdict)
($ 23,000 -- past medical expenses; $ 16,000 -- future medical expenses; $ 15,000 -- past pain and suffering; $ 2,000 -- past lost earnings; $ 4,000 -- damage to motorcycle; $ 500 -- damage to personal property).
Plaintiff's negligence, 90%; Defendant's negligence, 10%
JUDGMENT: $ 5,973.25 for Plaintiff on May 13, 2009 (after reduction for 90% negligence of Plaintiff and collateral source set-offs).
Cause Of Injury: Plaintiff was operating a motorcycle on Roosevelt Boulevard immediately west of the two-lane merge ramp of I-275 and Roosevelt in St. Petersburg on February 13, 2006. Plaintiff alleged a vehicle operated by Defendant cut across two lanes of traffic into Plaintiff's lane of travel causing Plaintiff to lay down his motorcycle and strike the rear bumper of Defendant's vehicle. Defendant denied crossing lanes of traffic on Roosevelt and alleged he never observed Plaintiff until the impact with Plaintiff's motorcycle. Defendant alleged witnesses to the accident stated they observed Plaintiff coming off the ramp at I-275 and crossing into Defendant's lane of travel directly behind Defendant's rear bumper.
Nature Of Injury: Acute post-traumatic cervical/dorsal sprain/strain, acute post-traumatic dorsal/lumbar sprain/strain, lumbar facet syndrome, cephalgia, acute post-traumatic right wrist sprain/strain, acute post-traumatic muscle spasm of costal muscles, blunt trauma to the chin area of the lower jaw, lacerations inside the mouth and blow to the mandible causing bilateral internal derangement of the temporomandibular joints. Plaintiff's MRI studies revealed a diffuse annular disc bulge at C5-6, a broad-based central disc protrusion at C6-7 and soft tissue injuries with no focal disc herniation to the lumbar spine. Treating chiropractor Edward J. Kucharik opined Plaintiff sustained permanent injuries to the cervical and lumbar spine as a result of this accident. Oral surgeon Robert Chuong opined Plaintiff sustained permanent injuries to the temporomandibular joints based on Plaintiff's ongoing symptoms and objective evidence of structural damage to the temporomandibular joints. Defendant alleged Plaintiff's medical records indicated a pre-existing injury to the right wrist from a motorcycle accident in 1980 and pre-existing diffuse osteoarthritic changes at C5-6 and C6-7 and osteoarthritis at L4-5 and L5-S1.
TOPIC: Million Dollar Verdicts & Settlements - Motor Vehicles - Motor Vehicle Accident - Motorcycle Collision
RESULT: $ 4,185,000 for Plaintiff. (verdict)
($ 300,000 -- future medical expenses; $ 1,295,000 -- past pain and suffering; $ 2,590,000 -- future pain and suffering).
Plaintiff's Negligence: 10%; Defendant's Negligence: 90%
JUDGMENT: $ 3,827,685.24 for Plaintiff on March 25, 2009 (plus interest, costs, and attorneys' fees).
Cause Of Injury: Plaintiff alleged that on December 30, 2006, he was traveling on his motorcycle southbound on US-1 (Biscayne Boulevard) near N.E. 166th Street in Miami, when Defendant made an improper U-turn at the intersection and collided with Plaintiff, who was thrown from his motorcycle.
Nature Of Injury: Fracture of right pelvis in the hip joint requiring open reduction and internal fixation (insertion of a traction pin and three screws); fracture of lumbar vertebra, pubis, and rib; lung contusion. Plaintiff underwent skeletal traction for his injuries and will require ongoing physical therapy. Plaintiff has no feeling from his knee to his hip where nerves were severed. Plaintiff will need multiple hip replacements.
TOPIC: Additur/Remittitur - Motor Vehicle Accident - Motorcycle Collision
RESULT: $ 300,000 for Plaintiff. (verdict)
($ 241,745.13 -- past medical expenses; $ 58,254.87 past pain and suffering).
JUDGMENT: Final judgment for Plaintiff entered August 6, 2009, as follows: $ 90,000 from Defendants Boss and Elger; $ 90,000 from Defendant Carpenter.
Cause Of Injury: Plaintiff was the passenger on a motorcycle owned and driven by Defendant Vincent Carpenter on September 13, 2003, on Caribbean Boulevard at Franjo Road in Miami. Plaintiff alleged that the vehicle owned by Defendant Robert Elger and driven by Defendant Valerie Boss made a left turn in front of the motorcycle, which caused the motorcycle to strike the vehicle. Defendants responded that Plaintiff was not wearing a helmet and may have been under the influence of drugs or alcohol at the time of the accident.
Nature Of Injury: Dr. Andrew Slavin diagnosed maxillary alveolar ridge, five fractured and two missing teeth, traumatic avulsion, capsulitis, mild synovitis bilateral temporomandibular joints, and myalgia/myositis. Dr. Craig H. Lichtblau listed right grade III medial malleolus fracture, right grade III open distal third femur fracture, right open knee injury, subarachnoid hemorrhage, right open blowout fracture, bilateral maxillary sinus fracture, fractured teeth, status post irrigation and debridement of the right open femur fracture, status post intramedullary nailing of the right femur, open reduction internal fixation of the right medial malleolus and right orbital floor blowout fracture, soft tissue defect of right ankle, status post split thickness skin graft to the right lower extremity, necrosis and drainage of the right distal femur fracture, and lumbar myofascial pain syndrome.
Topic: Federal Tort Claims Act - Motor Vehicle Negligence - Auto/Motorcycle Collision - Failure of U.S. Census Taker to Stop at Stop Sign - Severe Leg Injuries - Below-Knee Amputation - Dental Injuries - Multiple Soft Tissue Injuries.
Result: $ 700,000 Recovery
Facts: This action was brought against the United States of America under the Federal Tort Claims Act. The plaintiff alleged that a census-taker employed by the defendant failed to stop for a stop sign and collided with the plaintiff's motorcycle. The defendant argued that the plaintiff was comparatively negligent in causing the collision.
The plaintiff was a man in his 30s at the time of the accident. He was riding a motorcycle which was allegedly reported stolen. The plaintiff was not wearing a motorcycle helmet at the time of the accident and was not legally required to do so. The plaintiff testified that the defendant's employee drove through a stop sign, violated his right-of-way and he was unable to avoid colliding with the vehicle. Evidence showed that the plaintiff landed some 50 feet from the point of impact.
The plaintiff's accident reconstruction expert opined that there was nothing that the plaintiff could have done to avoid the collision after the defendant's census-taker drove into the intersection directly in the path of his oncoming motorcycle. The plaintiff sustained a severe leg injury as a result of the accident which led to an almost immediate below-knee amputation. The plaintiff also claimed a head injury, loss of teeth, and multiple soft tissue injuries stemming from the collision.
The plaintiff was employed as a house painter at the time of the accident. He contended that he was unable to return to that profession and he has remained unemployed since the date of the accident. The plaintiff took the position that he could ultimately return to work in a sedentary capacity after he learns to cope with his injury and his leg prosthesis.
The defendant's accident reconstruction expert contended that the plaintiff was traveling in excess of 50 mph in a 30 mph speed zone at the time of the accident. This expert opined that the accident resulted from the plaintiff's excessive speed and that, had the plaintiff been traveling within the legal speed limit, he could have avoided the collision. A witness stated that he saw a motorcycle, similar to the plaintiff's motorcycle, racing down the road shortly before the accident. The plaintiff denied that the witness was referring to his motorcycle.
The plaintiff's preliminary medical screening tests taken at the hospital following the accident were positive for alcohol at an unspecified level. The defense argued that the plaintiff's consumption of alcohol was also a factor in causing the collision. The defendant additionally raised the issue of comparative negligence regarding the plaintiff's failure to wear a helmet, which the defendant claimed would have prevented the plaintiff's head injury, as well as his loss of teeth.
TOPIC: Motor Vehicles - Motor Vehicle Accident - Motorcycle Collision
RESULT: $ 700,000 for Plaintiffs. (settlement)
($ 375,000 from Defendant ABC Trucking; $ 325,000 from Defendant XYZ Asphalt).
Cause Of Injury: Plaintiff John Doe was operating his motorcycle heading east on a four-lane road in St. John's County on February 14, 2007. At that time, a tractor-trailer was heading west on the same road hauling logs. As the logging truck went under an overhead utility line, its load came in contact with the line, causing it to fall and strike Plaintiff John Doe in the head. Plaintiff John Doe lost control of his motorcycle and crashed. The investigation revealed that two days before the incident, a dump truck that was off-loading asphalt in connection with Defendant XYZ Asphalt's paving project came in contact with the overhead utility line, causing it to hang lower than normal. The investigation also revealed that the logging truck exceeded the legal height limit set forth in Fla. Stat. § 316.515. Defendants asserted comparative fault against each other. Plaintiff John Doe was wearing a safety helmet and safety goggles at the time of the accident.
Nature Of Injury: Traumatic optic neuropathy in left eye with permanent dilation of left pupil; aggravation of pre-existing glaucoma; complete medial cruciate ligament (MCL) tear and partial posterior cruciate ligament (PCL) tear in right knee; fractured right ankle; fractured nasal bone. Plaintiff had knee surgery to repair his torn ligaments and had eye surgery to relieve the intraocular pressure in his left eye. Defendants alleged that Plaintiff's eye condition pre-existed the accident.
TOPIC: Motor Vehicles - Motor Vehicle Accident - Motorcycle Collision
RESULT: $ 9,500 for Plaintiffs. (settlement)
Cause Of Injury: Plaintiffs alleged that on September 21, 2008, Defendant Mark Matthews negligently allowed his vehicle to collide with minor Plaintiff David Joseph Stockman's motorcycle. Defendant Mark Matthews is an employee of Defendant Matthews Masonry.
Nature Of Injury: David Joseph Stockman: Soft tissue injuries; medical expenses.
TOPIC: Million Dollar Verdicts & Settlements - Motor Vehicles - Punitive Damages - Wrongful Death - Motorcycle Accident - Alcohol Provided to Minors at Party
RESULT: $ 3,029,875.56 for Plaintiffs. (verdict)
($ 11,875.56 -- loss of property damage; $ 18,000 -- punitive damages; $ 1,500,000 for Jeanine: $ 750,000 -- past pain and suffering; $ 750,000 -- future pain and suffering; $ 1,500,000 for Jeffrey: $ 750,000 -- past pain and suffering; $ 750,000 -- future pain and suffering).
Cause Of Injury: Defendants Karen and Robert Librizzi hosted a sleep over on August 12, 2006, at their residence in Bradenton for their daughter, Defendant Lauren, who was eighteen years old, and some of her girlfriends, to celebrate Lauren going off to college. Plaintiffs alleged that Defendants Karen and Robert provided alcohol to minors, including decedent and Defendant Ricky Rowell, who was twenty years old. Decedent and Defendant Ricky met at the Librizzi house; after consuming some drinks, Defendant Ricky offered to take decedent for a ride on his motorcycle, which was owned by himself and his father, Defendant Grover. Defendant Ricky then crashed the motorcycle at a high rate of speed at or near Rye Road at the intersection of Upper Manatee River Road. Decedent died from injuries sustained in the crash. Decedent's blood-alcohol content was .88 percent at the time of her death.
Nature Of Injury: Death. Decedent was survived by her parents, Jeanine Gregory and Jeffrey Bien, and a sister, Johnna Brennan.
TOPIC: Motor Vehicles - Motor Vehicle Accident - Motorcycle Collision
RESULT: $ 4,000 for Plaintiffs. (settlement)
Cause of Injury: Plaintiffs alleged that on June 17, 2006, on Highway 67 in Decatur, Defendant Lisa Tolliver was making a left turn from Highway 67 into Books A Million Shopping Center, when she failed to yield to an oncoming motorcycle operated by Plaintiff Tonya Blake and on which minor Plaintiff Joshua Blake was a passenger.
Nature of Injury: Joshua Blake: Left shoulder and elbow injuries; contusion to left tibia; soft tissue injuries; medical expenses.
TOPIC: Motor Vehicles - Motor Vehicle Accident - Motorcycle Collision
RESULT: $ 10,000 for Plaintiffs. (settlement)
Cause Of Injury: Plaintiffs alleged that on September 22, 2007, minor Plaintiff Alexandra Jackson was a passenger on a motorcycle operated by her father, when Defendant negligently allowed the vehicle she owned and was operating, to collide with the motorcycle.
Nature Of Injury: Alexandra Jackson: Arm and leg injuries; fractured and chipped two teeth; medical and dental expenses.
Topic: Motor vehicle negligence -- Auto/motorcycle collision -- Negligent left turn -- Neck, back and knee injuries claimed -- 80% comparative negligence -- No permanent injury found
Result: $ 5,995 Gross Verdict
Facts: The plaintiff was operating a motorcycle with the right-of-way when he claimed that the defendant negligently made a left turn in front of him from the opposite direction. The plaintiff's motorcycle struck the side of the defendant's car. The defendant argued that the plaintiff was speeding and could have avoided the impact. The defense also contended that the plaintiff did not sustain a permanent injury as a result of the accident.
The plaintiff was a 35-year-old construction worker at the time of the accident. He contended that he was unable to avoid the accident after the defendant made a sudden left turn in front of his motorcycle. The plaintiff was transported to the hospital from the scene of the accident. His physicians testified that the plaintiff sustained soft tissue injuries to his knee, back and neck with cervical radiculopathy as a result of the accident. The plaintiff's doctors testified that the plaintiff's injuries have not resolved and that he has been left with permanent neck and back injuries.
The defendant testified that he was making a slow left turn when the plaintiff's motorcycle approached at a fast rate of speed and struck the side of his car. The defense contended that the plaintiff made no effort to avoid the impact. The defendant also argued that the plaintiff's diagnostic films were normal. The defendant's orthopedic surgeon opined that the plaintiff had made a full recovery from his accident-related injuries. The jury was instructed that it must find that the plaintiff sustained a permanent injury in order to award non-economic damages to the plaintiff.
The jury found the defendant 20% negligent and the plaintiff 80% comparatively negligent. The plaintiff was awarded $ 5,995 in past medical expenses. The jury declined to award damages to the plaintiff for pain and suffering. The plaintiff's post-trial motions are pending.
TOPIC: Motor Vehicles - Motor Vehicle Accident - Collision with Motorcycle
RESULT: $ 5,995.20 for Plaintiff. (verdict)
Plaintiff's Negligence: 80%; Defendant's Negligence: 20%
Cause Of Injury: Plaintiff was the operator of a motorcycle traveling southbound on Courtland Boulevard in Deltona on March 27, 2006, and was in the process of making a left-hand turn onto Riverhead Drive when he claimed that Defendant negligently operated his vehicle by pulling into the path of Plaintiff's vehicle and colliding with the center left side of Plaintiff's motorcycle. Plaintiff's motorcycle went down, and Plaintiff was thrown from the motorcycle. Plaintiff alleged that Defendant gave him insufficient time or distance to avoid the accident and that Defendant operated his vehicle in a reckless manner and failed to keep a proper lookout.
Nature Of Injury: Severe coccydynia; left knee strain; 5 MM grade I osteochondral lesion in the trochlear groove of the left femur; grade II to grade III chondromalacia of the apex of the left patella and medial facet.
TOPIC: Motor Vehicles - Motor Vehicle Accident - Motorcycle Collision
RESULT: $ 210,000 for Plaintiff. (settlement)
CAUSE OF INJURY: On November 28, 2004, Plaintiff was driving his motorcycle east and went to pass on the right around slowing traffic in Ocala. When Plaintiff entered the right lane, he observed Defendant Edwardo's moving truck stopped in the right lane for no apparent reason. Plaintiff applied brakes but was unable to stop before striking the rear of Defendant's truck. Defendant Edwardo was the owner and operator of the moving truck.
NATURE OF INJURY: Open fractures of right tibia and fibula requiring plates and screws; right radius and ulna fracture.
Topic: Underinsured motorist claim -- Auto/motorcycle collision -- Cervical disc herniation to 17-year-old male -- Cervical discectomy performed
Result: $ 173,000 Verdict
Facts: This was an underinsured motorist claim brought by the plaintiff after his motorcycle was involved in an accident with a car. The plaintiff claimed that the tortfeasor negligently struck his motorcycle in the side.
The plaintiff was 17 years old at the time of the accident in 2003. His doctors testified that the plaintiff sustained a herniated cervical disc as a result of the accident. The plaintiff underwent a cervical discectomy approximately five years post-accident. He testified that he has been left with permanent pain and limitation in his range of motion.
The defendant denied that the plaintiff's cervical condition was causally related to the accident.
The jury found that the plaintiff sustained a permanent injury as a result of the accident and awarded the plaintiff $ 173,000 in damages.
Topic: Motor vehicle negligence -- Auto/motorcycle collision -- Severe orthopedic and ligament damage to both arms -- Complete loss of use of left hand -- Degloving leg injury -- Defendant in default
Result: $ 2,500,000 Verdict
Facts: The plaintiff claimed that the defendant collided with his motorcycle and caused the plaintiff to be thrown off his motorcycle and into the path of a third vehicle. The defendant was in default and was not represented at trial.
The plaintiff testified that the defendant's car struck his motorcycle and sent him flying through the air into the path of another vehicle. The plaintiff sustained injuries to both arms and hands, including orthopedic and ligament damage as a result of the accident. He has completely lost the use of his non-dominant left hand and his right small finger is frozen at a 90 degree angle.
The plaintiff's physician opined that the plaintiff will require additional surgery to his left thumb. The plaintiff also sustained degloving leg injuries and injuries to his right knee as a result of the accident. The plaintiff's doctor also indicated that future knee surgery is indicated.
The jury awarded the plaintiff $ 2.5 million in damages.
TOPIC: Million Dollar Verdicts & Settlements - Motor Vehicles - Roads & Highways - Wrongful Death - Motor Vehicle Accident - Motorcycle Collision
RESULT: $ 2,980,000 for Plaintiff. (verdict)
($ 480,000 for decedent's estate: $ 240,000 -- past economic damages; $ 240,000 -- future economic damages; $ 250,000 for Savannah: $ 125,000 -- past loss of parental companionship, instruction and guidance, and pain and suffering; $ 125,000 -- future loss of parental companionship, instruction and guidance, and pain and suffering; $ 250,000 for Laura: $ 125,000 -- past loss of parental companionship, instruction and guidance, and pain and suffering; $ 125,000 -- future loss of parental companionship, instruction and guidance, and pain and suffering; $ 1,000,000 for Tracey: $ 1,000,000 -- past pain and suffering; $ 1,000,000 -- future pain and suffering).
Decedent's Negligence: 25%; Defendant Harvey's Negligence: 25%; Defendant The Signal Group's Negligence: 50%
CAUSE OF INJURY: Plaintiff alleged that on August 8, 2006, at approximately 11:30 a.m., decedent was riding his motorcycle westbound on Bee Line Highway. Defendants Harvey and U.S. Multico were the owners of a vehicle being driven by Defendant Harvey northbound on Jog Road at the intersection of Bee Line Highway. Plaintiff further alleged that Defendant Harvey failed to stop for a red light, causing a collision with decedent's motorcycle. Plaintiff alleged that Defendant The Signal Group negligently maintained the traffic signals of the intersection of Jog Road and Bee Line Highway, causing decedent's death.
NATURE OF INJURY: Death. Decedent was survived by his wife and two children, Laura Michelle and Savanna Marie.
TOPIC: Motor Vehicles - Motor Vehicle Accident - Motorcycle Collision
RESULT: $ 95,000 for Plaintiffs. (verdict)
($ 90,000 for Carlos; $ 5,000 for Monica -- loss of consortium).
Plaintiff Carlos' Negligence: 30%; Defendant's Negligence: 70%
Cause Of Injury: Judy Carlson was driving a vehicle owned by Defendant in the scope of her employment with Defendant, when she collided with a motorcycle on which Plaintiff was riding on College Parkway, near the intersection of Queen Elizabeth Way in Ft. Myers on November 18, 2003.
Nature Of Injury: Fractured rib; grade 1 contusion laceration of spleen; small bowel stranding of mesentery; AC left joint separation of left shoulder; deep vein thrombosis; meniscus tear and ACL damage to left knee. Dr. Goldberg and Dr. Kagan were treating physicians.
Topic: MOTOR VEHICLE NEGLIGENCE - AUTO/MOTORCYCLE COLLISION - NEGLIGENT PULL OUT FROM DRIVEWAY - ARM FRACTURE WITH OPEN REDUCTION AND INTERNAL FIXATION - MULTIPLE FRACTURES TO TRANSVERSE PROCESS OF LUMBAR SPINE - 20% COMPARATIVE NEGLIGENCE FOUND
Result: $ 537,000 Gross Verdict
Facts: The plaintiff alleged that the defendant driver negligently pulled out of a shopping center into the path of the plaintiff's on-coming motorcycle. The defendant maintained that the plaintiff caused the collision by speeding and not paying attention to traffic. The defense also denied that the plaintiff sustained a permanent injury as a result of the collision.
The plaintiff was a 27-year-old male at the time of the accident. He testified that he was operating his motorcycle with the right-of-way within the legal speed limit when the defendant suddenly pulled out of the driveway of a shopping center across five travel lanes and drove into the path of his motorcycle. The plaintiff's accident reconstruction expert contended that the plaintiff had insufficient opportunity to avoid striking the back of the defendant's vehicle.
The plaintiff's physician testified that the plaintiff sustained a compound fracture of the forearm as a result of the accident. He underwent open reduction and internal fixation of the fracture. The plaintiff also sustained four fractures of the transverse process bones in his lumbar spine. The plaintiff alleged that his accident-related injuries prevented him from returning to his prior employment as a carpenter and he remained unemployed at the time of trial.
The defendant presented the deposition testimony of two witnesses who alleged that they observed the plaintiff speeding and doing "wheelies" on his motorcycle several miles before colliding with the defendant's car. The defense maintained that the plaintiff had ample opportunity to see and avoid defendant's car as it crossed five travel lanes before the impact. The defendant also denied that the plaintiff sustained a permanent injury as a result of the accident and disputed his claim for a future diminished earning capacity.
The jury found the defendant 80% negligent and the plaintiff 20% comparatively negligent. The jury also found that the plaintiff sustained a permanent injury as a result of the accident and awarded him $ 537,000 in damages which was reduced accordingly.
Topic: DRAM SHOP ACTION - SERVICE OF ALCOHOL TO UNDERAGE DRINKER - DRIVER MAKES NEGLIGENT LEFT TURN IN FRONT OF PLAINTIFF'S MOTORCYCLE - SEVERE CRUSH INJURIES TO LEG - BELOW-KNEE AMPUTATION TO PLAINTIFF POLICE OFFICER
Result: $ 4,800,000 Verdict
Facts: The plaintiff was a 37-year-old police officer from New York City who was in Daytona Beach for an annual motorcycle convention. Undisputed evidence showed that a 19-year-old driver made a negligent left turn in front of the plaintiff's motorcycle, causing a collision. The defendant in the case was the owner of a gentleman's club, "Lollipops", where the plaintiff claimed the driver had consumed alcohol just prior to the accident. The defendant denied that the allegedly drunk driver was served alcohol at its club and the defendant's employees contended that they had never seen the woman before. The driver, who struck the plaintiff's motorcycle, was initially named as a defendant in the case, but was voluntarily dismissed prior to trial.
The driver which struck the plaintiff's motorcycle testified that she was employed as an exotic dancer at the defendant's club. She testified that although she was only 19-years-old at the time of the accident, she consumed alcohol at work before the accident. The plaintiff alleged that the defendant's employees were aware that the driver was drinking alcohol and allowed her to leave the defendant's premises in an intoxicated state.
The plaintiff claimed that the driver's consumption of alcohol affected her ability to drive and led to the collision with the plaintiff's motorcycle. The plaintiff sustained severe trauma to his leg as a result of the accident. He underwent a surgical amputation of the injured leg below the knee. The plaintiff retained to his employment as a police officer for the City of New York. However, he claimed that he was limited to sedentary duties and sustained a diminution of his future earning capacity.
The defendant argued that the allegedly drunk driver was not included on its employee records and, in fact, was not an employee of the club. The defense contended that the plaintiff could produce no evidence to support the claim that the driver involved was an employee of the club or was served alcohol at the club.
The defendant's bartenders testified that they did not serve alcohol to the driver on the night of the accident, they did not know her and had never seen her in the club. The defendant also denied that the plaintiff sustained a diminution in his earning capacity as a result of the accident. The defense maintained that the plaintiff did not suffer a demotion or loss of salary in his employment with the New York Police Department.
The jury found for the plaintiff against the defendant and awarded damages of $ 4,800,000.
TOPIC: Motor Vehicles - Motor Vehicle Accident - Improper Lane Change
RESULT: $ 695,628.74 for Plaintiff. (verdict)
($ 120,628.74 - past medical expenses; $ 50,000 - present value of future medical expenses; $ 50,000 - past lost earnings; $ 75,000 - present value of future lost earnings; $ 300,000 - past pain and suffering; $ 100,000 - future pain and suffering).
CAUSE OF INJURY: On November 1, 2004, at approximately 12:00 p.m., Plaintiff was traveling north in the left lane of Dixie Highway escorting a funeral procession on his motorcycle. At the same time, Defendant, also a part of the funeral procession traveling north on Dixie Highway, attempted to change lanes into Plaintiff's lane when her vehicle allegedly collided with Plaintiff's motorcycle.
NATURE OF INJURY: Bodily injury; mental anguish.
TOPIC: Motor Vehicles - Motor Vehicle Accident - Collision with Motorcycle
RESULT: $ 6,000 for Plaintiff. (verdict)
CAUSE OF INJURY: Plaintiffs alleged that on March 7, 2005, on US Highway 231, Defendant negligently allowed her vehicle to collide with Plaintiff's motorcycle.
NATURE OF INJURY: Soft tissue injuries; mental anguish; medical expenses.
TOPIC: Insurance - Motor Vehicles - Motor Vehicle Accident - Motorcycle Leaving Road
RESULT: $ 22,000 for Plaintiff. (settlement)
CAUSE OF INJURY: Plaintiffs alleged that on August 4, 2007, in Florence, minor Plaintiff Danielle was a passenger on a motorcycle, when cargo fell from a vehicle operated by an unidentified motorist, causing the motorcycle to leave the road.
NATURE OF INJURY: Facial lacerations; broken teeth.
Topic: NEGLIGENT RIGHT TURN BY PALM BEACH COUNTY'S SHERIFF'S VEHICLE - CONCUSSION - SHOULDER IMPINGEMENT - CERVICAL DISC HERNIATIONS - WRIST SPRAIN - 30% COMPARATIVE NEGLIGENCE - NO PERMANENT INJURY FOUND
Result: $ 65,000 Gross Verdict
Facts: The plaintiff claimed that an officer, employed by the defendant Palm Beach County Sheriff's Office, made a negligent left turn from the right lane and collided with his motorcycle. The defendant argued that the plaintiff caused the accident by striking the police vehicle as it was turning to respond to a call. The defendant also denied that the plaintiff sustained a permanent injury as a result of the collision.
The plaintiff was a man in his 30s at the time of the accident. He testified that he was driving his motorcycle southbound in the center lane of Congress Avenue in Palm Springs. As he reached the intersection, the plaintiff claimed that the defendant's police vehicle, in the far right lane, made a sudden left turn into the path of his motorcycle, causing the collision.
The plaintiff was wearing a helmet at the time. He was thrown from his motorcycle and sustained a concussion and post-concussion syndrome, according to his neurologist.
The plaintiff's orthopedic surgeon testified that the plaintiff also sustained a left wrist sprain and a left shoulder impingement for which future surgery is recommended, as well as, cervical disc herniations that could also require future surgery. The plaintiff complained of continuing pain radiating from his neck down his left arm and shoulder.
The defendant's officer testified that the traffic signal at the intersection had turned red. He claimed that he made sure the road was clear before he turned out of the right lane to make a left turn in response to a report of a hit-and-run accident. The defendant contended that the plaintiff failed to stop for the red light and struck the police vehicle.
The defendant's orthopedic surgeon opined that the plaintiff's shoulder complaints were not causally related to the accident. The plaintiff was employed as a theater stage hand and the defendant's orthopedic surgeon testified that his shoulder symptoms were consistent with his employment.
The jury found the defendant 70% negligent and the plaintiff 30% comparatively negligent. The jury also found that the plaintiff did not sustain any permanent injury as a result of the accident. The plaintiff was awarded a gross award of $ 65,000 in economic damages, including $ 18,000 for damage to his motorcycle.
TOPIC: Motor Vehicles - Municipalities & Government Entities - Police & Sheriffs - Motor Vehicle Accident - Improper Turn
RESULT: $ 65,000 for Plaintiff. (verdict)
($ 27,000 - past medical expenses; $ 26,000 - future medical expenses; $ 12,000 - damage to motorcycle).
Plaintiff's Negligence: 30%; Defendant's Negligence: 70%
CAUSE OF INJURY: On January 7, 2006, Plaintiff was traveling on S. Congress Avenue in W. Palm Beach when Officer Daniel W. Burrows, operating a vehicle owned by Defendant, allegedly made an illegal left turn in front of Plaintiff's motorcycle, which caused a collision.
NATURE OF INJURY: Concussion resulting in daily headaches; blurred vision; two herniated cervical discs; pain adjustment disorder.
TOPIC: Motor Vehicles - Motor Vehicle Accident - Running Red Light
RESULT: $ 262,512.20 for Plaintiff. (verdict)
($ 37,512.20 - past medical expenses; $ 125,000 - past pain and suffering; $ 100,000 - future pain and suffering).
Plaintiff's Negligence: 5%; Defendant Gavin's Negligence: 95%
CAUSE OF INJURY: On March 1, 2004, Plaintiff was operating a Harley Davidson three-wheeled Trike motorcycle and traveling south on N. Dixie Highway when he stopped at a red turn signal waiting to turn left onto Washington in New Smyrna. Plaintiff claimed that as he attempted to turn on a protected left turn arrow, Defendant Gavin, traveling north on N. Dixie Highway and operating the vehicle with the full consent and permission of Defendant Zoske, the owner of the vehicle, failed to stop at the red traffic signal controlling his path and collided with Plaintiff's vehicle. Defendants contended that the light was green in both directions of travel, and that Plaintiff failed to yield to oncoming traffic while making a left turn.
NATURE OF INJURY: Torn rotator cuff requiring open repair after extensive physical therapy; medical expenses totaling $ 37,512.20. Dr. Downing was Plaintiff's treating physician.
TOPIC: Million Dollar Verdicts & Settlements - Motor Vehicles - Motor Vehicle Accident - Intersection Collision
RESULT: $ 1,360,740 for Plaintiff. (verdict)
($ 124,740 - past medical expenses; $ 17,000 - future medical expenses; $ 15,000 - past lost earnings; $ 4,000 - future lost earnings; $ 800,000 - past pain and suffering; $ 400,000 - future pain and suffering).
CAUSE OF INJURY: On April 17, 2005, Plaintiff and Defendant were allegedly involved in an accident at the intersection of SW 72nd Street and SW 107th Avenue in Miami. Defendant's vehicle allegedly approached Plaintiff's motorcycle and hit Plaintiff on the front of the motorcycle.
NATURE OF INJURY: Right anterior collateral ligament tear which required joint reconstruction; ankle injury which required arthroscopic repair; urology problems (pain during intercourse and upon ejaculation).
TOPIC: Motor Vehicles - Motor Vehicle Accident - Motorcycle Collision
RESULT: $ 25,000 for Plaintiffs. (judgment)
CAUSE OF INJURY: Plaintiffs alleged that on February 7, 2007, minor Plaintiff Brett was operating a motorcycle on Annie Lee Road in Moody, when Defendant negligently allowed her vehicle to collide with Brett's motorcycle.
NATURE OF INJURY: Spleen and massive right shoulder injuries; $ 245,000 in medical expenses.
TOPIC: Motor Vehicles - Motor Vehicle Accident - Rear-end Collision
RESULT: $ 9,025.50 for Plaintiff. (verdict)
CAUSE OF INJURY: On December 22, 2003, at approximately 10:41 p.m., Defendant Jordan, with Defendant Georgeanna's permission, was operating Georgeanna's vehicle on Kendall Drive in Kendall when he allegedly improperly changed lanes and rear-ended the vehicle in which Plaintiff was a passenger.
NATURE OF INJURY: Torn meniscus for which surgery was required. Dr. Barry was Plaintiff's treating physician.
TOPIC: Motor Vehicles - Wrongful Death - Motor Vehicle Accident - Rebuilt Motorcycle
RESULT: $ 359,000 for Plaintiff. (judgment)
(including $ 34,000 in funeral expenses; summary judgment).
CAUSE OF INJURY: On January 10, 2003, decedent, a minor, was involved in an accident in Coral Springs while riding a severely damaged 1999 Yamaha motorcycle that had been rebuilt with refurbished parts. Defendant refurbished the motorcycle with used parts, and did not tell decedent about it. Plaintiff alleged that it was a fraudulent act to sell the motorcycle to decedent without informing him about the unsafe condition of the parts.
NATURE OF INJURY: Death. Decedent was survived by his mother, Barbara Roberts.
TOPIC: Motor Vehicles - Wrongful Death - Motor Vehicle Accident - Motorcycle Collision
RESULT: $ 310,325.83 for Plaintiff. (verdict)
($ 110,325.83 - medical and funeral expenses; $ 100,000 for Fritz Henry Rabe - pain and suffering; $ 100,000 for Walter Joseph Rabe - pain and suffering).
CAUSE OF INJURY: On August 22, 2004, decedent was traveling with a passenger on Park Boulevard at its intersection with 64th Way in Pinellas Park. As decedent proceeded through the intersection, a vehicle operated by Defendant John and owned by Defendant Antoine pulled out into decedent's path and collided with his motorcycle. Prior to trial, Defendants admitted liability and that Defendants' negligence was the legal cause of decedent's death.
NATURE OF INJURY: Death. Decedent was survived by his two sons, Walter Joseph Rabe and Fritz Henry Rabe.
Topic: AUTO/MOTORCYCLE COLLISION - NEGLIGENT LEFT TURN - LUMBAR COMPRESSION FRACTURE WITH SURGERY TO PLAINTIFF PASSENGER - DAMAGES ONLY
Result: $ 905,012 Verdict
Facts: This action arose from a collision between a motorcycle on which the plaintiff was a passenger and a vehicle driven by the defendant driver and owned by his father. The plaintiff claimed that the defendant driver caused the accident by making a negligent left turn in front of the motorcycle. The vehicle owner (the defendant driver's father) settled the plaintiff's case prior to trial for $ 100,000 and the case proceeded against the defendant driver only.
The plaintiff was a 38-year-old female who was a passenger on the back of a motorcycle driven by her fiance, on July 29, 2006. The plaintiff claimed that, as the motorcycle approached an intersection in Zephryhills, the defendant approached from the opposite direction and made a left turn in front of the motorcycle.
The plaintiff's medical experts testified that the plaintiff sustained a compression fracture to her lumbar vertebrae as a result of the accident, as well as, fractures of the pedicle, laminate, facet joints and dorsal process. The plaintiff underwent a laminectomy from the T-12 to the L-2 level. Her physician testified that she will require continuing pain management for the injury.
The plaintiff's economist estimated the plaintiff's total economic damages, including the cost of future care, at $ 595,000.
The defendant's orthopedic surgeon opined that the plaintiff had made a good recovery from her accident-related injuries. The defense stressed the opinion of the plaintiff's treating orthopedic surgeon that the plaintiff has not been left with any neurological deficits and can engage in any physical activity, including contact sports.
The jury awarded the plaintiff $ 905,012 in damages.
TOPIC: Motor Vehicles - Motor Vehicle Accident - Motorcycle Collision
RESULT: $ 905,012.16 for Plaintiff. (verdict)
($ 235,012.16 - past medical expenses; $ 190,000 - future medical expenses; $ 300,000 - past pain and suffering; $ 180,000 - future pain and suffering).
CAUSE OF INJURY: On July 29, 2006, Plaintiff alleged that she was a passenger on a motorcycle traveling in Zephryhills when Defendant negligently made a left turn into the path of the motorcycle, causing a collision.
NATURE OF INJURY: Compression fracture of L1 vertebrae (50%); laminectomy of T12 through L2; T12 fractures of pedicle, laminae, facet joints, and dorsal process; kyphosis and soft tissue tears.
TOPIC: Motor Vehicles - Motor Vehicle Accident - Motorcycle Collision
RESULT: $ 3,247.34 for Plaintiff Ricky Turrentine. (verdict)
CAUSE OF INJURY: Plaintiffs alleged that on June 29, 2003, Plaintiff Turrentine was operating a motorcycle with Plaintiff Martin as a passenger. Plaintiffs were traveling on Highway 31 in Hartselle, when Defendant Kristin, who was traveling in her vehicle on Nanceford Road, allegedly negligently allowed her vehicle to collide with Plaintiff's motorcycle, causing the motorcycle to collide with another vehicle driven by a third party. Kristin contended she was traveling on Highway 31 South and, as she approached the red light at Highway 31 and Nanceford Road, she began to slow down. The light turned green and Kristin proceeded through the intersection, at which time Plaintiff's motorcycle turned left in front of Kristin's vehicle and struck it. Kristin asserted that the policeman told her that she was not at fault.
NATURE OF INJURY: Turrentine: Soft tissue injuries; mental anguish; medical expenses; damage to motorcycle. Martin: Fractured left hand; crushed left pinkie finger, as well as two other fractured fingers on left hand; medical expenses. As a result of the accident, Robin lost her job and $ 25,000 in lost wages.
TOPIC: Defense Verdicts - Motor Vehicles - Motorcycle Accident - Collision with Vehicle
RESULT: $ 530,745.12 for Plaintiff; $ 12,770.54 for Defendant. (verdict)
($ 66,675.80 - past medical expenses; $ 4,000 - present value of future medical expenses; $ 16,356 - past lost earnings; $ 6,432 - present value of future lost earning capacity; $ 10,000 - past pain and suffering; $ 420,000 - future pain and suffering; $ 7,281.32 - property damage to motorcycle); (as to counterclaim for property damage to vehicle).
Plaintiff's Negligence: 20%; Defendant's Negligence: 80%
CAUSE OF INJURY: On March 25, 2006, Plaintiff was operating a 2001 Suzuki motorcycle, heading south on Highway 441 across from the Eustis Village Shopping Plaza in Eustis. Plaintiff alleged that Defendant made a left turn from the parking lot of the shopping plaza and proceeded across two lanes of northbound traffic on Highway 441 into the right lane of southbound traffic on Highway 441, causing a collision with Plaintiff's motorcycle. Defendant disputed liability, alleging that there were no signs prohibiting left turns from the parking lot, and witnesses noted Plaintiff was driving erratically and speeding just prior to the accident. Defendant filed a counterclaim for damage to his vehicle as a result of the accident.
NATURE OF INJURY: Displaced mid-ulna fracture on left with mild volar angulation; fracture of left radius; type II lumbar transverse process fracture at L1, L2, L3, and L4; fracture to eleventh rib; sprain/strain to cervical, thoracic, and lumbar spines. Plaintiff underwent an open reduction and internal fixation to repair the ulna fracture. Dr. Heiligenthal assigned Plaintiff an impairment rating of 13% to the whole body with 8% attributable to the lumbar transverse process fracture and 5% attri butable to the neck injury. Defendant alleged that Plaintiff's fractures had healed, and Plaintiff had been assigned an impairment rating of 12% for similar complaints to the lumbar and cervical spines due to a pre-existing condition.
TOPIC: Insurance - Motor Vehicles - Wrongful Death - Motor Vehicle Accident - Motorcycle Collision
RESULT: $ 2,500,000 for Plaintiff. (verdict)
JUDGMENT: $ 500,000 for Plaintiff on May 15, 2007 (underinsured motorist policy limits).
CAUSE OF INJURY: On March 30, 2005 at 2:20 p.m., at the intersection of Highway 202 and Old Highway 202 in Anniston, the tortfeasor, an underinsured motorist, allegedly pulled out in front of decedent, who was operating a motorcycle. Decedent was killed by the impact at the scene.
NATURE OF INJURY: Death. Decedent was survived by his wife, Shari, and two children, ages ten and eleven.
TOPIC: Motor Vehicles - Motor Vehicle Accident - Motorcycle Collision
RESULT: $ 216,067.85 for Plaintiff. (verdict)
($ 59,827.85 - past medical expenses; $ 6,240 - past lost earnings; $ 100,000 - past pain and suffering; $ 50,000 - future pain and suffering).
Defendant Shameer's Negligence: 100%
CAUSE OF INJURY: On February 16, 2006, at approximately 10:58 p.m., Plaintiff was traveling south on Kirkman Road in Orlando. As Plaintiff approached the intersection of Kirkman Road and Conroy Road, a vehicle operated by Defendant Shameer made a ninety degree right turn across three lanes of traffic, causing a collision with Plaintiff's motorcycle. Defendants asserted comparative negligence, alleging that Plaintiff failed to have his headlight on at the time of the accident. Plaintiff denied Defendants' allegations regarding the operation of the motorcycle's headlight.
NATURE OF INJURY: Fractures of right femur, head of right fibula, and T11 in two places. Plaintiff underwent surgery for the insertion of a titanium rod in the femur, which caused subsequent loss of some range of motion in the right leg.
TOPIC: Motor Vehicles - Motor Vehicle Accident - Failure to Yield
RESULT: $ 566,217 for Plaintiff. (verdict)
($ 79,384 - past medical expenses; $ 136,833 - present value of future medical expenses; $ 150,000 - past pain and suffering; $ 200,000 - future pain and suffering).
CAUSE OF INJURY: On March 26, 2004, Plaintiff was traveling north on CR 587 (Mariner Boulevard) at its intersection with Lindsay Road in Spring Hill when Defendant Steven's vehicle, traveling south on CR 587, made a left turn and collided with the front of Plaintiff's motorcycle. Upon impact, Plaintiff's motorcycle left the ground causing the rear tire to strike the passenger side windows of Defendant's vehicle. Plaintiff was ejected from the motorcycle causing his head to strike Defendant's vehicle at the roof line where the roof meets the windshield. Plaintiff was then ejected from the hood of Defendant's vehicle and came to a final rest on the east shoulder of the roadway approximately fourteen feet from the area of impact. Prior to trial, Defendants admitted liability.
NATURE OF INJURY: Displaced orbital blowout fracture with hemorrhage; diffuse axonal injury to brain causing significant deficits in memory, impaired attention, impaired concentration, impaired auditory responses, and impaired judgment. Dr. Greenberg opined that Plaintiff would most likely require assistance with rehabilitation and would require daily supervision. Dr. Merin acknowledged that Plaintiff sustained a brain injury but opined that many of Plaintiff's emotional difficulties were pre-existing.
TOPIC: Motor Vehicle Accident - Collision with Motorcycle - Passenger Injury
RESULT: $ 149,602.82 for Plaintiff. (verdict)
($ 102,252.82 - past medical expenses: $ 1,750 - present value of future medical expenses [over 35 years]; $ 5,600 - past lost earnings; $ 25,000 - past pain and suffering; $ 15,000 - future pain and suffering).
CAUSE OF INJURY: On September 24, 2005, Defendant Jessica was the permissive operator of a vehicle owned by her mother, Defendant Kim. Jessica was in the process of exiting a gas station near the intersection of Plantation Island Drive and Mizell Road in St. Augustine when Plaintiff, a passenger on a motorcycle operated by her husband, was entering the gas station. Plaintiff alleged that Defendants' vehicle collided with Plaintiff's motorcycle. Defendants admitted liability.
NATURE OF INJURY: Left tibia/fibula fracture; compartment syndrome in left lower extremity; burns to left lower ankle and leg; permanent scarring and limping. Treatment included intramedullary nailing of left tibia fracture; four-compartment decompressive fasciotomy for mending compartment syndrome; skin graft on lower left leg and ankle; and placement of steel rod in left leg from knee to ankle.
TOPIC: Dogs - Motor Vehicles - Motor Vehicle Accident - Collision with Dog
RESULT: $ 500,000 for Plaintiff. (verdict)
($ 23,621.09 - past medical expenses; $ 20,000 - present value of future medical expenses; $ 5,000 - past damage to motorcycle; $ 500 - past damage to other personal property; $ 1,200 - past lost earnings; $ 1,800 - present value of future lost earning ability; $ 100,000 - past pain and suffering; $ 347,878.91 - future pain and suffering).
CAUSE OF INJURY: On May 13, 2005, Plaintiff was traveling on Enterprise Osteen Road in front of Defendants' home in Osteen. Plaintiff claimed that Defendants' unleashed mixed Chow/Labrador dog ran into the street and struck the front wheel of Plaintiff's motorcycle, causing it to crash. Plaintiff alleged that Defendants' dog died the following day as a result of the accident. Defendants claimed that their dog was chained up in a garage at the time of the alleged accident and that their dog did die on the day following the alleged accident, but that the dog possibly died from a snake bite or food poisoning, as there was no sign of physical trauma, just some foaming at the mouth.
NATURE OF INJURY: Three broken fingers in right hand; two broken bones in right foot; severe burns and road rash to both arms, right leg, and throughout body; property damage to motorcycle. Dr. Mason was Plaintiff's treating physician.
TOPIC: Motor Vehicle Accident - Improper Turn - Motorcycle Collision - Driving Under Influence
RESULT: $ 210,000 for Plaintiff. (settlement)
CAUSE OF INJURY: On May 30, 2005, Plaintiff was riding his motorcycle on Bonita Beach Road in Boynton Beach when Defendant Barrientos allegedly turned into the path of Plaintiff's motorcycle causing it to strike Defendants' truck. Barrientos was charged with DUI. Defendant Cisneros was the owner of the vehicle driven by Defendant Barrientos.
NATURE OF INJURY: Left elbow olecranon fracture requiring open reduction internal fixation; right radius and ulnar styloid fracture requiring closed reduction.
TOPIC: Motor Vehicle Accident - Failure to Yield - Motorcycle Collision
RESULT: $ 5,000,000 for Plaintiff. (settlement)
CAUSE OF INJURY: On March 2, 2005, Plaintiff was riding his motorcycle east on Bonita Beach Road in Bonita Spirngs when Defendant Ronald, driving north on Valley Drive, pulled out from a stop sign into Plaintiff's path and struck Plaintiff's motorcycle. Defendant Elizabeth was the owner of the vehicle driven by Defendant Ronald.
NATURE OF INJURY: Pelvic fracture; coccyx fracture; right tibia and fibula fracture resulting in below-the-knee amputation; heterotopic bone growths in joints; left femur fracture; left radius and ulnar fracture; proximal right humerus fracture. Plaintiff underwent internal reduction and fixation of the fractures; intramedullary rodding of the femur fracture; groin injury repair; and heterotopic bone ossification removal.
TOPIC: Motor Vehicles - Motor Vehicle Accident - Motorcycle Collision
RESULT: $ 20,000 for Plaintiff. (settlement)
CAUSE OF INJURY: On July 15, 2003, on U. S. Highway 431 in Albertville, Plaintiff was traveling to work on his motorcycle. Plaintiff alleged that as he approached the intersection of Highway 431 and Adams Drive, Defendant negligently pulled directly into his path. Plaintiff applied his brakes and began to skid, then collided with Defendant's vehicle on the rear of the driver's side of the vehicle. Plaintiff was thrown from his motorcycle and landed approximately twenty-two feet from where his motorcycle landed. The distance from the point of impact to where Plaintiff landed was fifty-three feet. After the impact, Defendant left the scene of the accident.
NATURE OF INJURY: Concussion; six lost teeth; fractured ribs; lacerated spleen; compound left leg fracture; stitches over left eye; thirty stitches on left shin; fifty stitches on right leg. Plaintiff remained in the hospital from July 15 through July 28, 2003.
Topic: REAR END COLLISION TO MOTORCYCLE - DRIVING UNDER THE INFLUENCE OF ALCOHOL - NERVE IMPINGEMENT TO NON-DOMINANT ARM - ARTHROSCOPIC SURGERY PERFORMED
Result: $ 70,000 Recovery
Facts: The plaintiff was a male in his 50s who was operating a motorcycle, when it was struck from behind by the defendant's vehicle. The plaintiff claimed that the defendant was intoxicated and negligently caused the accident.
The plaintiff's motorcycle was stopped at a red light when it was struck from behind by the defendant's vehicle. The plaintiff was thrown from the motorcycle on impact.
The plaintiff's physicians testified that the plaintiff sustained a nerve impingement to his non-dominant left arm as a result of the accident. The plaintiff underwent arthroscopic surgery for the nerve injury. The plaintiff conceded that the surgery resolved his left arm symptoms.
The plaintiff stressed that the defendant was charge with DUI following the accident.
The case was settled prior to trial for a total of $ 70,000. The defendant had a $10,000 liability policy in place at the time of the accident. The plaintiff had no available underinsured motorist coverage and the entire settlement was paid by the defendant.
TOPIC: Motor Vehicle Accident - Rear-end Collision - Motorcycle Collision - Driving Under Influence
RESULT: $ 70,000 for Plaintiff. (settlement)
CAUSE OF INJURY: On November 2, 2004, Plaintiff was on his motorcycle and stopped at a red light in Venice when Defendant rear-ended him. Plaintiff was ejected from his motorcycle upon impact. Defendant was charged with DUI.
NATURE OF INJURY: Severe pain to right shoulder and clavicle area; limited range of motion; nerve damage to wrist for which arthroscopic surgery was performed; left thumb sprain; temporal headaches with dizziness and vertigo; concussion syndrome with loss of consciousness; closed head injury; cervical pain and tenderness with radiating complaints; lumbar and coccyx pain and tenderness; abdominal pain; multiple lacerations and permanent scarring; multiple bruising; extreme numbness in fingertips; memory complications.
TOPIC: Motor Vehicle Accident - Motorcycle Collision
RESULT: $ 20,000 for Plaintiffs. (settlement)
CAUSE OF INJURY: On August 7, 2005, Defendant Senn allegedly allowed his vehicle to collide with minor Plaintiff Joshua's motorcycle on C.R. 537. Defendants claimed that Joshua's own negligence contributed to his injuries, as Joshua he was operating a motorcycle that was much larger than allowed by law.
NATURE OF INJURY: Loss of leg; mental anguish.
TOPIC: Motor Vehicles - Motor Vehicle Accident - Motorcycle Collision
RESULT: $ 950,000 for Plaintiff. (settlement)
CAUSE OF INJURY: On June 24, 2003, Defendant was traveling on S.R. 81 when he allegedly struck Plaintiff's motorcycle. Plaintiff was not wearing a helmet at the time of the accident. Defendant claimed that Plaintiff would only have sustained a slight head injury if he had been wearing a helmet.
NATURE OF INJURY: Brain damage; pain and suffering; disability; disfigurement; mental anguish; loss of capacity for enjoyment of life; aggravation of pre-existing condition.
TOPIC: Motor Vehicle Accident - Motorcycle Collision - Failure to Yield - Intersection Collision - Rear-end Collision
RESULT: $ 33,049 for Plaintiff. (verdict)
($ 17,049 - past medical expenses; $ 8,000 - past lost earnings; $ 8,000 - past pain and suffering).
CAUSE OF INJURY: On December 14, 2003, at Stirling Road and Flamingo Road in Cooper City, Plaintiff alleged that Defendant's vehicle pulled into the path of his motorcycle causing a collision. Defendant's vehicle had exited a church using an access road adjacent to the church. Plaintiff was operating a motorcycle traveling south on Flamingo Road approaching the access road intersection. Upon entering the intersection, Plaintiff's motorcycle allegedly rear-ended Defendant's vehicle. Defendant failed to stop immediately after the accident. As a result, Plaintiff followed Defendant, until Defendant eventually came to a stop at the Stirling Road intersection due to a red traffic signal. Police and Fire Rescue were notified and Plaintiff made contact with Defendant. Defendant claimed that she felt a bump, but did not see anything, so she continued to travel south. Defendant was issued a citation for failing to yield while entering an intersection.
NATURE OF INJURY: Blunt trauma to left chest; fractured rib associated with pneumothorax. Dr. Carrillo-Sanchez was Plaintiff's treating physician